PCT Receiving Office Guidelines

Chapter V: Language Check

(Article 3(4)(i); Rules 12.1, 12.3, 12.4 and 26.3ter)

Language of Abstract and Text Matter of the Drawings

62. Requirements. With regard to the abstract and any text matter of the drawings, the receiving Office checks, within the time limit under Rule 26.1 (Rule 26.3ter(a)), whether these elements are filed in the same language as the description and claims.

63. Correction of Defects. Where the language in which the abstract and/or any text matter of the drawings, or any part thereof, is filed is different from the language of the description and claims, the receiving Office invites (Form PCT/RO/106) the applicant to furnish, within the time limit referred to in Rule 26.2 (Rule 26.3ter(a)), a translation of the abstract and/or any text matter of the drawings into the language in which the international application is to be published under Rule 48.3(a) or (b), unless:

(i) a translation of the (entire) international application is required under Rule 12.3(a) or 12.4(a) (paragraphs 67 or 67A), or

(ii) the abstract and any text matter of the drawings are (already) in the language in which the international application is to be published.

64. In the invitation, the receiving Office indicates the language into which the abstract and/or any text matter of the drawings is to be translated so as to comply with the requirements of Rule 26.3ter(a). Rules 26.3 and 26.3bis concerning physical requirements (paragraphs 132 to 146) apply mutatis mutandis to any translation furnished by the applicant under Rule 26.3ter(a).

65. Failure to Correct. Where the receiving Office has sent to the applicant an invitation under Rule 26.3ter and the applicant has not, within the applicable time limit, furnished the required translation, it proceeds as provided for in Rules 26.5 and 29.1, which apply mutatis mutandis (Rule 26.3ter(a)). For the procedure applicable in such case, see paragraph 159.